Underwood Typewriter Co. v. Marengo County Bank
Alabama Court of Appeals
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Motion for summary judgment by the Underwood Typewriter Company against the Marengo County Bank. From judgment of nonsuit, movant appeals. Motion in the eourt below by appellant, for a summary judgment against the respondent under section 5938 of the Code.
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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Motion for summary judgment by the Underwood Typewriter Company against the Marengo County Bank. From judgment of nonsuit, movant appeals. Motion in the eourt below by appellant, for a summary judgment against the respondent under section 5938 of the Code. The respondent demurred to the motion, the court sustained the demurrer, and movant took a nonsuit with bill of exceptions under section 3017 of the Code, and appeals, assigning the action of the court in sustaining the demurrer as error.
1Opinion of the CourtSamford, J.
[1] Section 3017 of the Code of 1907 provides that—
“If, from any ruling or decision of the court on the trial of a cause, * * * it may become necessary for the plaintiff to suffer a nonsuit, the facts, point, ruling, or decision may be reserved for the decision of the Supreme Court by bill of exceptions or by appeal on the record as in other cases.”
The point is made here that the proceedings in this case do not constitute a cause, within the meaning of the statute. While the Supreme Court in Huggins v. Ball, 19 Ala. 587, held that a summary proceeding against a sheriff was not a civil case,…
2Cases cited2 opinions
- Louisville & Nashville R. R. v. WilsonSupreme Court of Alabama · 1909
- Huggins v. BallSupreme Court of Alabama · 1851
3Cited by2 opinions
- Compton v. Marengo County BankSupreme Court of Alabama · 1919
- Home Guano Co. v. International Agr. CoprporationSupreme Court of Alabama · 1919